The RISE Act: Repeal Ineffective Sentencing Enhancements

SB 966, introduced by Senator Holly Mitchell (D-Los Angeles), would repeal the three-year sentence enhancement for prior drug convictions. The enhancement is applied consecutively — three years for every prior conviction for possession for sale, sale or similar drug offense to any person currently convicted for a similar offense. Since realignment, this has resulted in hundreds being sentenced to county jails for more than five or even ten years.

The Failure of Drug Enhancements

These enhancements were originally intended to deter drug selling, and reduce the availability of controlled substances. As with other punitive drug war strategies, they are a proven failure — drugs are cheaper, stronger and more widely available than any time in our state’s history. These enhancements have the effect of sentencing thousands of people — mainly young men and women of color — to long periods of incarceration in overcrowded state prisons and county jails, destabilizing families and communities.

Senator Holly Mitchell (D – Los Angeles)

Furthermore, this failed approach has proven enormously expensive, robbing state and local budgets that should be spent on schools, health and social services, and policies that actually reduce drug use — drug treatment, after-school programs, and housing, among them.

The RISE Act will repeal costly and ineffective sentencing enhancements, reflecting the Legislature’s and voters’ consensus that we must divest from mass incarceration in order to invest in vitally needed public services.

Why do we need the RISE Act?

The RISE Act will free up taxpayer dollars for investment in cost-effective community-based programs instead of costly jail expansion. By repealing enhancements for prior drug convictions, SB 966 would reduce jail overcrowding and stop the rush to build and staff costly new jails.

Since 2007, California has spent $2.2 billion on county jail expansion – not including the costs borne by the counties for these construction projects, the increased staffing, or the debt service for these high-interest loans. These funds could be better invested in programs and services that meet community needs and improve public safety, including community-based mental health and substance use treatment programs, job programs, and affordable housing.

Governor Brown endorsed a measure for the 2016 ballot that will allow persons to be paroled after they complete their base sentence, regardless of enhancements. However, that measure only applies to persons sentenced to state prison, and will have no effect on jail overcrowding.

The Rise Act – SB 996

California Institution for Women, Corona, CA

SB 966 would address extreme sentences. Enhancements result in sentences being far more severe than is just, sensible, or effective. Under current law, a person may face two to four years in jail for possessing drugs for sale under the base sentence. But if the person has two prior convictions for possession for sale, they would face an additional six years years in jail – for a total of ten years. As of 2014, there were more than 1,700 people in California jails sentenced to more than five years. The leading cause of these long sentences was non-violent drug sale offenses.

SB 966 would reduce racial disparities in the criminal justice system. Although rates of drug use and sales are comparable across racial lines, people of color are far more likely to be stopped, searched, arrested, prosecuted, convicted, and incarcerated for drug law violations than are whites. Research also shows that prosecutors are twice as likely to pursue a mandatory minimum sentence for Blacks as for whites charged with the same offense.

SB 966 would help restore balance in the judicial process. Prosecutors use enhancements as leverage to extract guilty pleas, even from the innocent. Prosecutors threaten to use enhancements to significantly increase the punishment defendants would face should they exercise their right to a trial. According to Human Rights Watch, “plea agreements have for all intents and purposes become an offer drug defendants cannot afford to refuse.”

SB 966 will stop the cruel punishment of persons suffering from a substance abuse disorder. People who suffer untreated substance abuse disorders often sell drugs to pay for the drugs that their illness compels them to consume. It is fundamentally unjust, as well as counterproductive, to put a sick person in jail to address behaviors better handled in a medical or treatment setting.

Sentencing Enhancements Harm Communities

Sentencing enhancements do not prevent or reduce drug sales and have destabilizing effects on families and communities. Research finds that the length of sentences does not provide any deterrent or significant incapacitation effect: longer sentences for drug offenses do not reduce recidivism, nor do they affect drug availability.

Most people who commit crimes are either unaware of penalties or do not think they will be caught. Research shows that people incarcerated for selling drugs are quickly replaced by other people.

However, incarceration can lead to more crime by destabilizing families and communities. Many people who return from incarceration face insurmountable barriers to finding jobs and housing and reintegrating into society. Family members of incarcerated people also struggle with overwhelming debt from court costs, visitation and telephone fees, and diminished family revenue. The longer the sentence, the more severe these problems.

Russell was kind enough to provide a free consultation. During our meeting he expressed a sincere desire to help me as much as he could. He knows the law, and his years of experience living and working in Santa Barbara are invaluable.

After talking to attorneys all over SB, I knew Robert and his staff (Russell & Keiran) were the right fit. I hired them to defend me against three misdemeanors, two of which were very serious. They went above and beyond, got the serious charges dropped, and a deal for the minor one (no jail time). It was the best outcome I could have hopped for. Now i can move on with my life.
Thanks again
H.

If you need a lawyer Robert Landheer is the one to hire. He's an amazing, honest, heartfelt attorney. He truly cares about his clients. Robert and his whole staff work endlessly to cover everything that could possibly come up with your case. Often, you don't even have to appear. In one cases they can appear for you.

If you/ your client need a competent criminal law attorney, Robert Landheer should be chosen. His experience and diligence has allowed my client to lead a productive life and be on his way to lawful Permanent Residency.